Workers may retain their period of unemployment insurance contributions under certain conditions. In cases where an individual is receiving unemployment benefits but subsequently gains employment and must cease receiving these benefits, the remaining period of unemployment benefits to which they would have been entitled will be preserved. They will be eligible to resume receiving these benefits at a later stage.
Article table of contents
When do workers retain their unemployment insurance contribution periods? - Illustration photo
The editorial board of THU KY LUAT provides the following clarification:
Pursuant to Clause 1 Article 9 of Circular 28/2015/TT-BLDTBXH, the retention of the unemployment insurance contribution period for workers is determined as follows:
| Retained unemployment insurance contribution period | = | Total unemployment insurance contribution period | - | Unemployment insurance contribution period received as unemployment benefit |
In which, the cases where workers are entitled to retain their unemployment insurance contribution periods include:
Case 1: Retaining the unemployment insurance contribution period when workers do not receive the decision on unemployment benefits
According to Clause 8 Article 1 of Decree 61/2020/ND-CP amending and supplementing Clause 3 Article 18 of Decree 28/2015/ND-CP, within 03 working days as stated on the appointment slip for receiving the results, if the worker does not come to receive the decision on unemployment benefits, or does not authorize someone else to receive the decision, and does not notify the employment service center of the reason for not being able to receive it, it is considered that the worker does not have the demand for unemployment benefits. Within 02 working days from the expiry date on the appointment slip, the employment service center shall submit to the Director of the Department of Labor, Invalids, and Social Affairs to cancel the decision on unemployment benefits for the worker.
Case 2: Retaining the unemployment insurance contribution period when workers do not receive unemployment benefit payments
Pursuant to Clause 6 Article 18 of Decree 28/2015/ND-CP: “After the period of 03 months from the end of the unemployment benefit period based on the decision, if the worker does not come to receive the unemployment benefit payments and does not notify in writing the social insurance organization where they are receiving the benefit, that worker is considered to have no demand for unemployment benefits.”
The unemployment insurance contribution period corresponding to the unpaid unemployment benefit will be retained as a basis to calculate the unemployment benefit period for the next time when the conditions for unemployment benefit are met.
The social insurance organization, based on the decision to retain the unemployment insurance contribution period for the worker, shall retain the contribution period in the social insurance book according to the guidance of Vietnam Social Security.
Case 3: Retaining the unemployment insurance contribution period for workers with months not yet settled for unemployment benefits
Specifically, Clause 7 Article 18 of Decree 28/2015/ND-CP stipulates: “Workers with an unemployment insurance contribution period exceeding 36 months, with the remaining months not yet settled for unemployment benefits, these months will be retained for calculating the unemployment benefit period for the next time they meet the conditions for unemployment benefit.”
The social insurance organization, based on the decision of the Director of the Department of Labor, Invalids, and Social Affairs regarding unemployment benefits, shall retain the contribution period in the social insurance book according to the guidance of Vietnam Social Security.
Case 4: Retaining the unemployment insurance contribution period when workers are terminated from receiving unemployment benefits
Pursuant to Clause 9 Article 1 of Decree 61/2020/ND-CP amending and supplementing Clause 5 Article 21 of Decree 28/2015/ND-CP, in cases where the unemployment benefits are terminated for the following reasons, the unemployment insurance contribution period corresponding to the unpaid benefit period will be retained as a basis to calculate the unemployment benefit period for the next time:
- Having a job;- Performing military service or police obligations;- Studying for a period of 12 months or more;- Serving a decision to be sent to a reformatory, compulsory education institution, or compulsory detoxification establishment;- Being declared missing by the court;- Being detained or serving a prison sentence.
Hence, workers who are receiving unemployment benefits and find a job do not have to worry about the remaining period of unpaid benefits; this period will be retained to calculate the unemployment benefit period for the next time they meet the conditions for unemployment benefit.
The retained period is calculated by subtracting the total unemployment insurance contribution period from the period already received as unemployment benefits, according to the principle that each month of unemployment benefits corresponds to 12 months of unemployment insurance contribution, and the remaining months not settled for unemployment benefits will be retained in the decision on unemployment benefits (if any).
The social insurance organization, based on the decision to terminate unemployment benefits for the worker, shall retain the unemployment insurance contribution period in the social insurance book according to the guidance of Vietnam Social Security.
Le Hai
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